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CITY OF N. Y. v. LIEUTENANTS

285 A.D.2d 329 (2001)

730 N.Y.S.2d 78

In the Matter of CITY OF NEW YORK et al., Appellants, v. LIEUTENANTS BENEVOLENT ASSOCIATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 6, 2001.

Attorney(s) appearing for the Case

Stephen J. McGrath of counsel (Leonard Koerner and Bryan D. Glass on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellants.

Joel C. Glanstein of counsel (David M. Glanstein on the brief; O'Donnell, Schwartz & Glanstein, attorneys), for Lieutenants Benevolent Association and another, respondents.

Howard Wien of counsel (Richard Koehler on the brief; Koehler & Isaacs, L. L. P., attorneys), for Captains Endowment Association and another, respondents.

Steven C. DeCosta, General Counsel, Office of Collective Bargaining, pro se, and for Board of Collective Bargaining of the City of New York and another, respondents.

NARDELLI, J. P., MAZZARELLI, SAXE and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

TOM, J.

In this appeal, we review the question of whether New York City's verification procedure for refunds of excess payments made to the City pursuant to section 1127 of the New York City Charter may be unilaterally imposed on the nonresident employees represented by respondent unions, or must be negotiated with these unions.

Respondents include unions representing New York City Police Department lieutenants and captains....

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